LLB197 Final: LLB 197 Final exam notes for a Distinction
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LLB 197 Lawyers and Australian Society Exam Notes
Lawyers and lawyering
❖ Why do a law degree?
• Enjoy working with people and their
problems
• Have a capacity for hard work
• Dot id okig log hous
• Are unafraid of intellectual challenge
• Have excellent problem-solving skills
• Have an ability to deal with
complexity
• Be more employable
❖ Threshold learning outcomes
1. Knowledge
2. Ethics and Professional Responsibility
3. Thinking Skills
4. Research Skills
5. Communication and Collaboration
6. Self-Management
❖ Piestle :
• Administrative law
• Civil procedure
• Company law
• Constitutional law
• Contracts
• Criminal law and Procedures
• Equity (including Trusts)
• Evidence
• Legal Ethics/Professional Conduct
• Property (both Real and Personal)
• Torts
❖ A UOW law degree requires:
• Foundations of Law A & B
• Criminal Law and Process A & B
• Law of Contract A & B
• Legal Research and Writing
• Lawyers and Australian Society
• Advocacy Skills
• Property and Trusts A & B
• Public Law A & B
• Law of Torts
• Legal Theory
• Dispute Management Skills
• Drafting Skills
• Evidence
• Law of Business Organisations
• Remedies and Procedure
• 5 elective subject
• Legal Internship
What is a lawyer?
• A peso aditted to the legal pofessio eept “A
• Generally regarded as referring to members of the legal profession – barristers/solicitors
• When the admitted lawyer holds a practising certificate, he is a legal practitioner. The practising
certificate then entitles the legal practitioner to practice as either a barrister or solicitor.
• Being granted the privileges of appearance in the courts and monopoly in the delivery of legal work
(the exclusive possession or control of the supply of a service)
• LLB > Practical Legal Training > Admitted > Practising certificate
What is legal work?
• Work done by a legal practitioner – broadly work done, or business transacted, in the ordinary
course of legal practice 6.1 Legal Profession Uniform Law
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• Narrowly = the integration of many key variables. The practising lawyer needs to have helicopter
isio to see the iteoeted of the aiales, akig the patie of la pole-solig. The
key to problem-solving is the integration of professional knowledge with the skills of legal and fact
investigation (research) and analysis, clear communication, advising and strategic planning. The
dimensions depend on the objectives of the client:
o Resolve disputes
o Investigate claims
o Avoid a disadvantage
o Recover a loss or compensation
o Negotiate a settlement or agreement
o Draft a new document
o Expand opportunities
o Assist a client to plan or manage personal/financial affairs
What is the public perception of lawyers?
• Many people have inaccurate or distorted views of what lawyers do, based maybe on subjective
personal experience and in images gleaned from literature, film or newspaper reportage (lawyers
are distorters of truth, paper generators, sorcerers, heroes). There is a perception that lawyers are
part of an elite, that they do not reflect the socio-economic, ethnic or gender balance of the
community at large, but are more likely to have come from affluent backgrounds, predominantly
Anglo/Celtic in origin and are overwhelmingly male.
What influences do lawyers have on society?
• Tension between upholding the rule of law in the defence of a just and democratic society, and
fearlessly promoting the interests of their clients within that framework VS utilising the legal system
in the best interests of the client. It is important to be mindful of their concurrent responsibilities to
the legal system, courts and clients within an ethical and perhaps moral framework, to preserve the
integrity of the system.
• Can contribute to a just and democratic society by representing clients who might not have access to
justice, through representing unpopular clients/causes, or through offering pro bono/contingency
fee legal services, arguing for change to reform unjust laws, encouraging compliance with the law,
and providing information to the public about the law
• Judges, magistrates and tribunal members must act impartially and independently in determining
the facts and legal issues in adjudication. Their approach may reflect their social background and
approach to social issues, leading to variation of perceptions and attitudes. They have a law-making
role through the interpretation roles.
• Parliamentary/governmental/publishing roles
• Law reform: application by a court concerning a clear injustice or undesirable social outcome, a
knee-jerk reaction to unpopular legal issues, research of the effects of legislation and judicial
decisions, and social effects of law
• Pedagogical and philosophical approaches teachers bring to subjects – the influence of legal
academics is important in preparing a lawyer for their role
Historical background
• Traditionally: the study of law was undertaken in an apprenticeship system of articles for solicitors or
pupillage for barristers, where an aspirant to the legal profession would learn under the tutelage of
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an experienced solicitor or barrister, while concurrently undertaking academic study usually offered
by members of the profession.
• 1850s: Law schools first established with the aim of teaching the academic theory of law
o Tertiary legal education shaped by historical and cultural traditions of the law
o The relationship between law faculties and the legal profession remained fairly close
• 1950s: Professionalization of law schools
o Partly due to influence of alternative approaches overseas which went beyond the
traditional lecturing approach > concern for practical element of law in tertiary education
o Pearce Report made it clear that law degrees must meet the broader aim of equipping
graduates for the variety of careers to which a law degree can be applied/recommended less
of what the law, and more about context, consider changes of nature and technology, and
include practice/research skills> return to contracted academics in skill or specialised areas
and more use of technology
• Globalisation > encouraged the development of academic subjects in topics to prepare graduates for
employment in the global context, and opportunity to study overseas
• Many schools were receptive to the notion that teaching the skills of lawyering within the academic
degree enabled law students to relate the theory of law to its practical application
PLT for admission to practice
• Aim: to overcome the inadequacy of articles training in the essential skills and major areas of
practice as to ensure that a person entering the legal profession can function at a standard of
competency which can reasonably be expected of a first year practitioner
• Several university law schools developed PLT programs as post-grad add-ons to the LLB degree or
integrated into the LLB degree program. Each state has its own admission authority which accredits
both tertiary law qualifications and PLT – pre-requisites for admission
• The predominant focus has shifted towards skills development, especially analytical and oral/written
communication skills
• Many situations arise in the context of legal practice, where an awareness of, and sensitivity to,
cultural matters affecting Indigenous Australians will be important. The Competency Standards for
Entry Level Lawyers include recognition of cross-cultural awareness as a component of competent
communication skills.
Positive Professional Identity
• Complex combination of a range of expectations that we have of ourselves, and behaviours we
adopt to meet those expectations, when we think about ourselves as a professional person in our
hose ok otet. Iludes a constellation of attributes, beliefs, values, motives and experiences
by which we define our professional lives
• Law school environment and content of legal education plays a significant role in the development
of a professional identity
• Developing a positive sense of professional identity will help you to be engaged in your learning
because it provides a constructive outlook for your future/career > easier to engage in present
education when aware you are working towards a valued career goal > contextualises sense of
purpose
• Hope theory: explains why an emerging sense of positive professional identity can lead to increased
student engagement and success
• It is important that lawyers recognise that there may be different approaches to adopt in different
circumstances, to achieve a combination of client interests and the interests of community and
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Document Summary
Llb 197 lawyers and australian society exam notes. Threshold learning outcomes: knowledge, ethics and professional responsibility, thinking skills, research skills, communication and collaboration, self-management. (cid:858)p(cid:396)iestle(cid:455) (cid:1005)(cid:1005):(cid:859: administrative law, civil procedure, company law. What is a lawyer: constitutional law, contracts, criminal law and procedures, equity (including trusts, evidence. Legal ethics/professional conduct: property (both real and personal, torts. Legal theory (cid:858)a pe(cid:396)so(cid:374) ad(cid:373)itted to the legal p(cid:396)ofessio(cid:374)(cid:859) (cid:894)e(cid:454)(cid:272)ept a(cid:895: generally regarded as referring to members of the legal profession barristers/solicitors, when the admitted lawyer holds a practising certificate, he is a legal practitioner. Llb > practical legal training > admitted > practising certificate. What is legal work: work done by a legal practitioner broadly work done, or business transacted, in the ordinary course of legal practice 6. 1 legal profession uniform law. 2: narrowly = the integration of many key variables. The practising lawyer needs to have helicopter (cid:448)isio(cid:374) to see the i(cid:374)te(cid:396)(cid:272)o(cid:374)(cid:374)e(cid:272)ted of the (cid:448)a(cid:396)ia(cid:271)les, (cid:373)aki(cid:374)g the p(cid:396)a(cid:272)ti(cid:272)e of la(cid:449) (cid:862)p(cid:396)o(cid:271)le(cid:373)-sol(cid:448)i(cid:374)g(cid:863).
